TMI Blog2015 (8) TMI 1550X X X X Extracts X X X X X X X X Extracts X X X X ..... lanation cannot be rejected outrightly. These evidences filed by the assessee also prove that Shri Dalip Singh is a man of means and there is also a relation between him and the assessee, therefore, it cannot be denied that Shri Dalip Singh, in fact, has given this amount to the assessee. The explanation given by the assessee and Sh. Dalip Singh that the amount was deposited for making purchases for the marriage of daughter may sound weird and can raise suspicion in the mind of Assessing Officer. It can be a trigger point for further investigation by the Assessing Officer. However, in its order the Assessing Officer has not been able to bring on record any material or evidence to falsify this explanation and documentary evidences filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and unjustified. (iii) That the order of the Ld. Commissioner of Income Tax (Appeals) is erroneous, arbitrary, opposed to law and facts of the case and is, thus, untenable. 2. The brief facts of the case are that the assessee, an individual filed his return for the assessment year 2008-09 declaring net taxable income amounting to Rs.3,49,220/-. The case was selected under scrutiny through CASS. The Assessing Officer noticed that there were certain cash deposits on various dates- totaling amounting to Rs.10,59,500/-. When questioned about the source of the same, the appellant had explained that the deposit of Rs.3,55,000/- on 16.10.2007 was made by his relative Shri Dalip Singh for marriage of his two daughters. As per the explanat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sal of the said bank account shows that an amount of Rs.4 lacs has been withdrawn from the bank account No.10033 maintained by the assessee with Punjab and Sind bank, Phase 8,Mohali on 26.11.2007. (f) The witness Sh. Dalip Singh has put on record a certificate from M/s Hardev Singh and Brothers, Grain Market, Bela, Distt. (Ropar) dated 16.8.2010 which has been examined. The said agent has mentioned that the party Sh. Dalip Singh makes sale of Food-grains annually to it ranging between Rs.10 lacks to 14 lacs. No evidence in the shape of the copy of account or the J-Forms has been put on record by the assessee during the course of proceedings. 3. During the course of assessment the statement of Sh. Dalip Singh was also recorded whereby ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cepted this fact. An affidavit of Sh. Dalip Singh to this effect was also filed before the Assessing Officer. In the statement, Dalip Singh told to Assessing Officer that the assessee is his cousin. To substantiate the fact that Dalip Singh was earning Rs.14,00,000/- as agricultural income. Copy of Fard and Bills from Arhitya were also filed in the paper book. Regarding the sale vouchers issued in the name of Shri Tarloachan Singh, it was submitted that it is the name of the assessee s brother and the business was being carried on by the assessee jointly with his brother. As regards the allegations of the Assessing Officer that why a person residing near Ropar is supposed to come to Mohali, it was submitted that Chandigarh and Ambala are ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hows that the distance of land of Shri Dilip Singh and Smt. Paramjeet Kaur was merely one kilometer. It is claimed that the above land of assessee s wife Smt.Paramjeet Kaur was being cultivated by Shri Dalip Singh from 2007 till the date of sale i.e. 26.4.2012. This fact alone shows that the families of the assessee and Shri Dalip Singh were known to each other for a long time since their landholdings were near to each other. 10. On perusal of the above stated evidences and in the back ground of the fact that Shri Dalip Singh himself has confirmed before the Assessing Officer that he has deposited this amount of Rs.3,55,000/- in assessee s bank account, this explanation cannot be rejected outrightly. These evidences filed by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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